A Leading Georgia Wrongful Death Attorney

See Also: How a Personal Injury Case is Handled

In most Georgia personal injury claims, the injured person sues on his or her own behalf to recover compensation for an injury and the financial costs, physical pain and emotional suffering it causes. But when the injury is severe enough to result in the death of the victim, that is not possible. Instead, Georgia law allows close relatives of the decedent (deceased person) to sue for wrongful death. A wrongful death is any death caused by the negligent (extremely careless) or intentional actions of another, such as an auto accident, a truck accident, a motorcycle accident, an airplane accident, a crime committed because of poor security, premises liability drunk driving, elder abuse or defects in a consumer product. Georgia law specifies which family members may file a wrongful death claim, as well as the priority each should have in their claim. In order, they are the decedent's:

• Husband or wife
• Children
• Parents
• Any other heir or next of kin, designated by a will or by Georgia probate law

Many people who have lost a loved one to a wrongful death feel uncertain at first about claiming financial damages. This is understandable. Of course, no amount of money will bring a loved one back. Unfortunately, money is the only tool at the disposal of the civil justice system to punish gross negligence -- and to make families whole after someone is taken too soon. And in addition to punishing the wrongdoer, a large financial award can help families deal with the practical effects of a sudden death, including medical and funeral bills and a lifetime of lost income.

There are actually two parts to a wrongful death claim in Georgia. The family members may sue for the emotional and economic value of the decedent's life -- his or her lifetime income and enjoyment of being alive. At the same time, the estate of the decedent (which forms a sort of legal person in its own right) may claim damages for the financial cost of the accident, such as funeral expenses, as well as pain and suffering the decedent felt before death. If appropriate for the case, the estate, through an executor or personal representative, may also claim punitive damages -- payments intended to punish the wrongdoer for extreme indifference to human life.

An experienced Georgia estate and probate lawyer as well as a wrongful death lawyer, Charles Scholle has the experience to handle all sides of a wrongful death matter with skill and compassion. Because he understands both areas of the law, he can work closely with an executor or personal representative to take care of all of the details that can make the case a success. Perhaps even more importantly, he knows how to treat families who have lost a loved one to a wrongful death with the respect and compassion they deserve. At the Law Offices of P. Charles Scholle, our legal team's goal is to lift the burden of handling the legal details of a wrongful death, so our clients can focus on grieving and eventually moving on.

If you have lost someone in an accident caused by another's careless behavior and you would like to learn more, Charles Scholle can help. From a main office in Gwinnett County, he serves clients from offices in Buckhead and the Perimeter and represents victims throughout Atlanta and Georgia. To set up your free consultation, you can send the firm a message online or call toll-free at 1-866-972-5287 or in Atlanta at (770) 717-5100.